ADVANCE PETROCHEMICAL CO. Vs. DESIGNATED AUTHORITY

JUDGEMENT

(1.) MISCELLANEOUS Application No. AD/M/1001/2011 filed by M/s. Reliance Industries Ltd. (RIL) seeks interim directions to stay the proceedings before the Designated Authority (DA) pending decision in Review Application No. AD/M/1037/2011 filed by them on the same date in respect of Tribunal's Final Order No. AD/31 to 51/2011 dated 11 -8 -2011 [2011 (272) E.L.T. 127 (Tri.)].

(2.) Miscellaneous Application No. AD/M/169/2012 has been filed by the DA on 9 -2 -2012 seeking clarification as to whether it should continue with the post -decisional hearing directed under the said Final Order dated 11 -8 -2011. The brief facts of the case are that on 11 -8 -2011, the Tribunal passed two similar Final Orders vide Allied Enterprises v. Designated Authority - 2011 (272) E.L.T. 127 and Huawei Tech Co. Ltd; v. Designated Authority - 2011 (273) E.L.T. 293 disposing of 24 anti -dumping appeals just before the then Hon'ble President of the CESTAT laid down office on his retirement. The Tribunal was aware, as recorded in paragraph 12 of the order, that there were nearly 40 similar anti -dumping appeals before the Tribunal including the ones which were decided which involved similar issue where the successor DA had not given a fresh hearing before recording the final finding. In one of the appeals, the Hon'ble Bombay High Court had specified a strict time line for disposal of the appeal for which, the Tribunal had to issue the Final Order on 11 -8 -2011 before the retirement of the then Hon'ble President. This fact has been taken note of by the Hon'ble Supreme Court while considering the Tribunal's Order dated 11 -8 -2011 vide Tejas Networks Ltd. v. Union of India - 2011 (273) E.L.T. 161 (S.C.) in paragraphs 11 to 13 which is reproduced below : -

(3.) THE present review petition No. AD/M/1037/2011 has been filed by the respondent -domestic industry RIL pursuant to the Hon'ble Supreme Court's order in their appeal against the Tribunal's aforecited order dated 11 -8 -2011 in the case of Allied Enterprises (supra). The Hon'ble Supreme Court's order dated 15 -12 -2011 is reproduced below : -